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HomeMy WebLinkAboutR-2005-141 Yakima County SIED Grant ApplicationRESOLUTION NO. R-2005-141 A RESOLUTION authorizing the City Manager to execute and submit a grant application with Yakima County for funding from the Yakima County Supporting Investments m Economic Development (SIED) Fund for planning activities related to the Yakima Convention Center Campus. WHEREAS, Yakima County has established the Supporting Investments in Economic Diversification (SIED) fund to assist the growth of business m the County; and WHEREAS, economic development is a priority for the City of Yakima, and the City intends to approach economic development on an inclusive, comprehensive basis which involves public, private and community-based efforts to achieve new investment and redevelopment in the City; and WHEREAS, Yakima Convention Center is an important part of our economic development efforts; and WHEREAS, the city has invested over $6,000,000.00 m local funds to expand the convention center; and WHEREAS, the Yakima Convention Center's continued success is important to the health of downtown Yakima; and WHEREAS, the Yakima Valley Visitors and Convention Bureau has determined that development of an outdoor campus is necessary to sustain the success of the Yakima Convention Center; and WHEREAS, said campus is a part of the Yakima Downtown Futures Initiative funding plan; and WHEREAS, funding (through a grant) may be available from Yakima County through the SIED Fund for planning activities related to the project's development; and WHEREAS, Yakima Valley Visitors and Convention Bureau has requested that the City submit a grant application with Yakima County to fund $25,000 of the planning activities for engineering design and cost estimates from the SIED Fund; and WHEREAS, if awarded, the City will receive SIED funds m the form of a grant for $25,000.00, and WHEREAS, the City Council deems it to be m the best interest of the City of Yakima to authorize submittal of a grant application with Yakima County for funding of said planning activities from the SIED Fund, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute and submit a grant application with Yakima County for funding from the Yakima County Supporting Investments in Economic Development (SIED) Fund for planning activities necessary for the Yakima Convention Center Campus Project in the amount of $25,000.00. The City Manager is hereby designated as the official representative of the City to act in connection with that funding application and is authorized to take such additional actions as may be necessary and prudent to complete the project. ADOPTED BY THE CTTY COUNCIL this 20th day o eptember, 2005. ATTEST: Paul George, Mayor Ketiustr.i 40-44,,W1-2 City Clerk 12/13/05 SIED CONTRACT NO. YC -CC -05 YAKIMA COUNTY and CITY OF YAKIMA (GRANT — CONVENTION CENTER) I PARTIES This Supporting Investments in Economic Diversification (hereinafter referred to as SIED) Contract is made by and between Yakima County (hereinafter referred to as the County) whose address is 128 North Second Street, County Courthouse, Room 102, Yakima, Washington 98901, and the City of Yakima (hereinafter referred to as the City) whose address is 129 North 2°a Street, Yakima, Washington 98901. Notices between the parties shall be made where and as provided for on Page 6, Section XXII, NOTICES. II TERM This Contract takes effect upon execution hereof by the authorized representatives of both parties and continues in effect until terminated as provided for in Section VIII, SUSPENSION, TERMINATION, AND CLOSEOUT, provided, the County's right under Section V, MUTUAL CONSIDERATION, Subsection B. OWNERSHIP AND USE, to use the Project shall continue so long as the Project remains in use. III PURPOSE The purpose of this Contract is to partially fund a study (hereinafter referred to as the Project) of the preliminary engineering design and estimated cost of certain public facilities planned by the City to be placed on the east side of the existing Yakima Convention Center. The facilities would extend across South 8th Street and include walkways, benches, lighting, directional signage, and associated physical amenities. IV RECITALS The Parties make this Contract based on and in recognition of certain relevant facts and circumstances including: A. Sales and use taxes are collected in and for the County under authority of RCW 82.14.370 and Yakima County Code 3.10.010 for the purpose of financing public facilities in the County, and the proceeds are deposited in the Yakima County Infrastructure Fund (also referred to as SIED Fund), according to YCC 3.10.040. B. The City proposes to construct the Project with a combination of City, private, and County funds, including $18,000.00 from the SIED Fund, to be in the form of a grant, and thereafter to own and operate the Project for the benefit of the City and the County. Filed Page 1 of 8 Contract No. YC -CC -05 12/13/05 C. RCW 82.14.370 was adopted to serve the goals of promoting business in rural distressed areas, providing family wage jobs and the development of communities of excellence in such areas, and the parties expect the Project to further these goals. D. RCW 43.160 and 43.160.020 adopted and amended for related purposes with those of RCW 82.14.370, define public facilities to include various buildings, structures and works, such as the Project. E. The County, under authority of RCW 36.01.085, and by agreement of February 19, 1999, has engaged the Yakima County Development Association, also known as New Vision, to provide administrative and technical assistance in furtherance of the County's economic development. F. The County has also created the SIED Board to review applications for grants from the SIED Fund and make recommendations for SLED Fund investments based on commitment of other funds, potential for resulting job creation, and other factors. G. New Vision has investigated the Project and assisted in preparing the pending application for SIED funds, and the SIED Board has reviewed the application for SLED funds and has recommended approval. H. The SLED Fund balance is sufficient to make the requested contribution to the Project. I. RCW 39.34 authorizes interlocal agreements whereby municipal governments may jointly exercise the powers granted to each. V MUTUAL CONSIDERATION A. COUNTY GRANT—The County shall grant Eighteen Thousand Dollars and Zero Cents ($18,000.00) to the City for the Project described herein. This grant shall be by County warrant drawn on the SIED Fund and payable to the City within thirty (30) days of the County's receipt of a signed copy of the Project engineer's certificate that 50% of the work on the Project has been completed and the City's invoice for said grant. B. OWNERSHIP AND USE— When the planned study is completed, the City shall provide the County a copy of the written report thereof, for use by the County and any other entities requesting it. If and when the planned infrastructure is built, the City shall construct, own, maintain, and operate it as a part of its public infrastructure for economic development. The City shall also permit use of the property by the County and its departments on like terms with other users, at such time as the Board of Yakima County Commissioners may deem expedient. For purposes of this paragraph, ownership, maintenance, and operation of the property or any portion thereof by another municipality, under any conveyance or dedication which is subject to and preserves the County's right of use, shall be deemed ownership, maintenance, and operation by the City. Filed Page 2 of 8 Contract No. YC -CC -05 12/13/05 VI RECORDS, REPORTS AND AUDITS The City agrees to maintain such records, make such reports and follow such procedures as may be required by the County, pertaining to this Contract. All records pertaining to this Contract and work undertaken hereunder shall be retained by the City for a period of three years after final audit unless a longer period is required to resolve audit findings or litigation. The County and other authorized representatives of the State and Federal government shall have access to any books, documents, papers, and records of the City which pertain to this Contract or work undertaken hereunder for the purpose of making audit, examination, excerpts, and transcriptions. VII RELATIONSHIP OF PARTIES AND AGENTS The relationship of the City to the County, with regard to construction of the Project, shall be that of an independent contractor rendering professional services. The City shall have no authority to execute contracts or to make commitments on behalf of the County and nothing contained herein shall be deemed to create the relationship of employer and employee or principal and agent between the County and the City. The City represents that it has or will secure at its own expense all personnel, contractors, and/or subcontractors required in order to perform work under this Contract. Such personnel shall not be employees of the County. All such personnel, contractors, and/or subcontractors shall be fully qualified and authorized/permitted under State and/or local law to perform such services. All services required hereunder will be performed by the City or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State or local law to perform such services. VIII SUSPENSION, TERMINATION, AND CLOSEOUT If the City fails to comply with the terms and conditions of this Contract, the County may pursue such remedies as are legally available, including, but not limited to, the suspension or termination of this Contract in the manner specified herein: A. SUSPENSION—If the City fails to comply with terms and conditions of this Contract, or whenever the City is unable to substantiate full compliance with provisions of this Contract, the County may suspend this Contract pending corrective action or investigation, effective not less than seven days following written notification to the City or its authorized representative. The suspension will remain in full force and effect until the City has taken corrective action to the satisfaction of the County and is able to substantiate its full compliance with the terms and conditions of this Contract. No obligations incurred by the City or its authorized representative during the period of suspension will be allowable under this Contract, except: Filed Page 3 of 8 Contract No. YC -CC -05 12/13/05 1. Reasonable, proper, and otherwise allowable costs which the City could not avoid during the period of suspension; 2. Otherwise allowable costs incurred during the period of suspension, if upon investigation, the County is satisfied of the City's compliance with the terms and conditions of this Contract to the extent of the compensation claimed by the City. B. TERMINATION FOR CAUSE—If the City fails to comply with the terms and conditions of this Contract and any of the following conditions exist: 1. The lack of compliance with the provisions of this Contract were of such scope and nature that the County deems continuation of this Contract to be substantially detrimental to the interests of the County; 2. The City has failed to take satisfactory action as directed by the County or its authorized representative within the time period specified by same; 3. The City has failed within the time specified by the County or its authorized representative to satisfactorily substantiate its compliance with the terms and conditions of this Contract; then, The County may terminate this Contract in whole or in part, and thereupon shall notify the City of termination, the reasons therefore, and the effective date, provided such effective date shall not be prior to notification of the City. After this effective date, no charges incurred under any terminated portions outlined in the application for funding are allowable. C. TERMINATION FOR OTHER GROUNDS—This Contract may also be terminated in whole or in part by mutual consent and written agreement setting forth the conditions of termination, including effective date and, in case of termination in part, that portion to be terminated. IX COPYRIGHT RESTRICTION No report, maps, or other documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the City. X COMPLIANCE WITH LAWS The County and the City shall comply with all applicable laws, ordinances, and codes of the Federal, State and local governments with regard to the performance of this Contract. XI TITLE VI OF THE CIVIL RIGHT ACT OF 1964 Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, creed, religion, sex, or national origin, be excluded from participation in, be denied the benefits Filed Page 4 of 8 Contract No. YC -CC -05 12/13/05 of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. XII SECTION 109—HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 No person in the United States shall on the grounds of race, color, creed, religion, sex, or national origin be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. XIII AGE DISCRIMINATION ACT OF 1975 (As Amended) No person shall be excluded from participation, denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving Federal funding assistance. (42 U.S.C. 610 et. seq.) XIV SECTION 504 OF THE REHABILITATION ACT OF 1973 (As Amended) No otherwise qualified individual shall, solely by reason of his or her handicap, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving Federal funds (29 U.S.C. 794). XV INTEREST OF MEMBERS OF THE COUNTY AND THE CITY No member of the governing body of either party and no other officer, employee, or agent of either party who exercises any functions or responsibilities in connection with the planning or carrying out of the Project shall have any personal financial interest, direct or indirect, in this Contract. XVI HOLD HARMLESS AND INDEMNITY The City shall indemnify and hold harmless the County, its officers, agents, and employees, from all liability, loss or damage, including costs of defense they may suffer as a result of claims, demands, actions costs, or judgments which result from the activities to be performed by the City, its agents, employees, or subcontractors pursuant to this Contract. XVII PUBLIC LIABILITY The City or its contractor(s) shall maintain for the duration of work under this Contract, issued on an occurrence basis, comprehensive liability insurance with a combined single limit of not less than one million dollars ($1,000,000) from a company authorized to provide insurance in the State of Washington. Said policies shall provide that the policy shall not be canceled or altered by any party without written notice to Yakima County, delivered not less than thirty (30) days prior to such cancellation or alteration. Applicant certifies that comprehensive liability insurance with a combined single limit of not less than $1,000,000.00 is in effect. Filed Page 5 of 8 Contract No. YC -CC -05 12/13/05 XVIII ASSIGNABILITY The City shall not assign any interest in this Contract and shall not transfer any interest in this Contract (whether by assignment or novation) without prior written consent of the County thereto, provided, however, that claims for money by the City from the County under this Contract may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the County by the City. XIX NON -WAIVER The failure of either party to insist upon strict perfoniance of any provision of this Contract or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this Contract. XX CONTRACT MODIFICATIONS It is mutually agreed and understood that no modification or waiver of any clause or condition of this Contract is binding upon either party unless such modification or waiver is in writing and executed by the County and the City. XXI SEVERABILITY If any portion of this Contract is changed per mutual contract or any portion is held invalid, the remainder of this Contract shall remain in full force and effect. XXII NOTICES Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand - delivered to the parties to their addresses as follows: TO CITY: Michael Morales, Economic & Community Affairs Specialist City of Yakima 129 North 2nd Street Yakima, WA 98901 TO COUNTY: Steve Hill, Director Yakima County Departments of Community Services & Grant Management 128 North Second Street, Room 102 Yakima, WA 98901 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand -delivered. Such notices shall be deemed effective when mailed or hand -delivered at the addresses specified above. Filed Page 6 of 8 Contract No. YC -CC -05 12/13/05 XXIII INTEGRATION This Contract contains all terms and conditions agreed to by the County and the City. There are no other oral or written agreements between the City and County as to the subjects contained herein. No changes or additions to this Contract shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. XXIV GOVERNING LAW AND VENUE All questions of the validity, construction, and application of this Contract shall be governed by the laws of the State of Washington. Venue for any suit between the parties arising out of this Contract shall be the Superior Court of Yakima County, Washington. XXV FILING Upon execution by the authorized representatives of the parties, a copy of this Contract shall be promptly filed with the Yakima County Auditor pursuant to RCW 39.34.040. *************** Filed Page 7 of 8 Contract No. YC -CC -05 12/13/05 IN WITNESS WHEREOF, the County and the City have executed this Contract as of the date and year last written below. CITY OF YAKIMA Richard A. Z: y Manage Approved as to Form: 4 BOARD OF COUNTY COMMISSIONERS BOARD OF YAKIMA COUNTY COMMISSIONERS se S. Palacios, Chairman Ray Paolella, City Attorney Attest: Karen S. Roberts, City Clerk 1 Date CITY CONTRAC r N0: A005 i3/ RESOLUTION NO: /<.-7n/IS / ! ichael D. Leita, Commissioner Ronald F. Gamache, Commissioner Approved as to Form: John : taffan, Deputy Prosecuting Attorney CONTRACT AUTHORIZATION Jennifer Adams Attest: Deputy Clerk of the Board Sandra J.� Deputy Clerk of the Board i 1 Date Filed Page 8 of 8 Contract No. YC -CC -05 ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of: September 20, 2005 Consideration of a resolution authorizing the City Manager to execute and submit a planning grant application to the Yakima County Supporting Investments in Economic Diversification (SIED) fund in the amount of $25,000.00 for the Yakima Convention Center Campus. SUBMITTED BY: Bill Cook, Director of Community and Economic Development CONTACT: Michael Morales, 575-3533 SUMMARY EXPLANATION: The Yakima County SIED fund provides 100% grants for planning activities related to capital improvement projects that create economic development activity. The Yakima Convention Center has requested that the city apply for a $25,000 planning grant to commission preliminary engineering design and cost estimates for the creation of a campus facility to the east of the center. The Yakima Convention Center wants to create a hospitality hub and campus for the entire region, provide a major attraction at the entrance to Yakima's downtown, and enhance the. The campus would extend across South 8th Street, adding a new outdoor facility for convention center activities. The setting would be park -like, and include extensive landscaping improvements, walkways, benches, directional signage, and lighting to guide guests through the area between 6th and 10th Streets, and from Yakima Avenue to "B" Street. Continued on next page Resolution _X Ordinance Contract Other: Funding Source: Yakima County SIED Fund Approval for Submittal: WM. . ger STAFF RECOMMENDATION: Staff recommends approval of the resolution. BOARD RECOMMENDATION: COUNCIL ACTION: Resolution adopted RESOLUTION NO R-2005-141 1 The outdoor to the east of the center will also provide an ideal setting for small concerts, outdoor parties and special events. This is a major selling tool for conventions, as it could be utilized for receptions, coffee breaks, or major convention events. The project showcases Yakima's ideal climate, and allow meeting planners to organize a more diverse range of activities. With council approval, city and convention center staff will prepare and submit a grant application to the SIED board for consideration at its next meeting. This is a planning grant only, so no additional city resources are required for debt service or match. 2